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(영문) 대구지방법원 서부지원 2019.02.14 2018고합238
공직선거법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B From the 6th nationwide local election, a person who was elected as a candidate for a member of the D district belonging to the F political party in the 7th national local election, which was implemented on June 13, 2018, while maintaining the E party membership after having been elected as a member of the Da-gu Seoul Metropolitan City Do Do Do Do Do Do Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun

1. No one shall publish or have another person publish any false fact with respect to a candidate (including a person intending to become a candidate) disadvantageous to him/her by means of a speech, broadcast, newspaper, communications, magazine, poster, propaganda document, or other means, with the intention of preventing him/her from being elected;

At around 12:09 on June 4, 2018, the Defendant, at the office of the Defendant located in Daegu, posted a notice on the J bulletin board, stating that “K and L area F Party Candidates (B is specified as F Party Candidates and incumbent Gu Council Members) in the F Party (K and L area and F Party Candidates and incumbent Gu Council Members) in the F Party’s Office, and that they attempted to reduce the total amount of the Miteracy budget (1.70 million won) that grants benefits to all the five-years (5,00 persons, approximately 5,00) early in the area D out of several budgets, as incumbent Gu Council Members in the welfare culture budget in 2018. The reason is that the chairman of the regional elementary school operation committee did not give honorable treatment and challenge to Council members.” In addition, this paper posts a false statement on the Internet four occasions on the same day as the attached list of crimes.

However, there was no fact that B attempted to reduce the total amount of M-related budget, and on December 13, 2017, it was decided as the original design through the deliberation of the Special Committee on Budget and Accounts of the D Council.

2. A candidate (including a person who intends to become a candidate) who does not follow the provisions of the Public Official Election Act in order to influence the election from 180 days before the election day to the election day;

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